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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/1999 - ITEMS RELATING TO CAMERA RADAR AND RED-LIGHT CAMER ITEM NUMBER: 19 A-13 AGENDA ITEM SUMMARY DATE: July 6, 1999 FORT COLLINS CITY COUNCIL Rita Davis/ STAFF: Jim O'Neill SUBJECT: Items Relating to Camera Radar and Red-Light Camera Enforcement Systems. RECOMMENDATION: Staff recommends adoption of the Resolution and adoption of the Ordinance on First Reading. FINANCIAL IMPACT: In using camera radar and red-light cameras("traffic cameras")during the remainder of the year,the City estimates that it will receive approximately$284,475 in unanticipated revenue. This would be offset by contract payments totaling $210,470 to American Traffic Systems (ATS) for equipment provided and services rendered. The remaining balance of unanticipated revenue of$74,005 will • be used to pay costs incurred by the City's Municipal Court, Police Services, Traffic Engineering and City Attorney's Office related to the use of traffic cameras or other programs intended to address the City's current traffic problems. EXECUTIVE SUMMARY: A. Resolution 99-81 Approving Extension of the ATS-REDFLEX, LLC (American Traffic Systems) Agreement as an Exception to the Competitive Purchasing Process. B. First Reading of Ordinance No. 114, 1999, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red-Light Cameras to Enforce Traffic Violations. American Traffic Systems (ATS) was selected to provide the City with Traffic Camera services using a competitive process. The agreement between the City and ATS was originally written for terms totaling three years,beginning in July of 1996. At the time it was anticipated that staff would conduct another competitive process this year if the program was to continue. After the initial award to ATS the General Assembly, in 1997, enacted S13-336, which restricted the use of camera radar in several respects. The most important of these, setting the maximum fine to • $40 and limiting how cities can compensate vendors providing such services, required that the City/ATS agreement be restructured significantly. This was done and the program continued through 1998 and into the current year. DATE: July 6, 1999 2 ITEM NUMBER: 19 A-B In 1999 the General Assembly,in 1­113-1364,placed further restrictions on camera radar. A copy of the camera radar photograph must be included in initial mailing; personal service, when required, must be done by a Level 1 peace officer; a sign must be placed so as to warn motorists immediately in advance of the camera unit; and the structure for fines imposed for violations was changed considerably. ATS will have to make considerable modifications to the system software and both parties will have to alter processing procedures. ATS has offered to make the system and software changes at no cost to the City, in exchange for a one year extension to the existing agreement. The general climate of the General Assembly remains hostile toward camera radar and it is yet uncertain whether the program can, in the long run, be operated successfully under the restrictions imposed by SB-36 and HB-1364. The General Assembly has shown every intention of imposing further regulation on the use of camera radar, perhaps even banning it entirely. Under the circumstances, staff believes that an extension of the ATS/City agreement is in the best interest of the City.Until the continued viability of the program is known,other vendors will be hesitant to propose this type of service. In addition, the City is reluctant to invest the time and resources involved in a new proposal and possible vendor switch for a potentially short time period. Citizen demands that the City do something to slow down traffic led directly to the current program. Over the life of the project compliance with speed limits has more than doubled,the total accident rate has decreased by 3.8%, and the injury accident rate has gone down by 22%. The Police Department considers this to be a beneficial program and would like to extend the contract through the year 2000, with the option of a further one-year extension. Council's approval of Resolution 99-81 would authorize that one-year extension. Ordinance No. 114, 1999,would appropriate the revenue received through the camera radar and red light enforcement systems. The bulk of the revenue would be utilized to fulfill the City's obligations under its agreement with ATS. The balance of the revenue received would be utilized to defray costs incurred by the City in connection with its use of the camera radar and red-light camera systems or other programs intended to address the City's current traffic problems. Each year since the inception of the program, appropriated funds have been earmarked for these purposes. In previous years, however,the appropriations ordinances have specified that amounts to be used to defray City costs should be used only for "additional" costs incurred in connection with these programs. Staff is recommending that the language of this Ordinance be changed to clarify that monies received from the program from its inception, and not needed to satisfy the City's contractual obligations with ATS, can be used to offset any costs incurred by the Municipal Court, Police Services, Traffic Engineering and the City Attorney's Office in connection with these or other traffic control programs. RESOLUTION 99-81 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING EXTENSION OF THE ATS-REDFLEX, LLC (AMERICAN TRAFFIC SYSTEMS) AGREEMENT AS AN EXCEPTION TO THE COMPETITIVE PURCHASING PROCESS WHEREAS, inl996, after conducting a competitive bidding process, American Traffic Systems was selected by the City as its contractor to provide camera radar and red-light camera services for the enforcement of traffic violations; and WHEREAS,American Traffic Systems,which has since reorganized and now operates under the business name of ATS-REDFLEX,LLC,has been providing satisfactory Traffic Camera system services to the City since1996 under a contract set to terminate on July 31,1999; and WHEREAS,Police Services has a need to continue using the Traffic Camera system for the foreseeable future; and WHEREAS, based on an analysis of the use of the system over the last three years, the system has been effective in increasing compliance with speed limits within the City and has reduced the overall accident and injury/accident rates; and WHEREAS, the Colorado General Assembly in its 1997 session adopted Senate Bill 36, • which enacted provisions intended to restrict the City's ability to administer and conduct traffic enforcement through its Traffic Camera system; and WHEREAS, in its 1999 session the General Assembly adopted House Bill 1364, in which it has sought to restrict even more the City's ability to use its Traffic Camera system; and WHEREAS, the City, along with other Colorado municipalities, has initiated litigation against the State of Colorado, seeking the invalidation of these restrictions on the City's Traffic Camera system that have been imposed by the General Assembly; and WHEREAS,these events have created substantial uncertainty with regard to the future of the Traffic Camera system, and future effectiveness of the system for use in Fort Collins; and WHEREAS, Section 8-160 (d) (1) b. of the Code of the City of Fort Collins authorizes the Purchasing Agent to negotiate the purchase of supplies and service without utilizing a competitive process where the Purchasing Agent determines that although a particular material or service is available from more than one (1) responsible source, a competitive process cannot reasonably be used,or, if used,will result in a substantially higher cost to the city,will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public; and . WHEREAS, the Purchasing Agent has determined that because of the current uncertainty in the long-term future of the City's Traffic Camera program created by the newly enacted state restrictions and pending litigation regarding those restrictions,a new competitive process for traffic camera services at this time would result in substantially higher cost to the City for such services, and has submitted his determination to the City Manager for approval; and WHEREAS, the City Manager has reviewed and concurs in the determination of the Purchasing Agent that the above exception to for this acquisition; and WHEREAS,the continuation of the agreement with American Traffic Systems is contingent upon the appropriation of funds therefor; and WHEREAS, Section 8-160 (d)(3)requires approval of this purchasing method by the City Council for items costing more than One Hundred Thousand($100,000)prior to acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS that the Purchasing Agent is authorized to extend the ATS-REDFLEX LLC (American Traffic Systems)agreement withthe City through December 31,2000,with a City option to renew it for up to one additional year, contingent upon the appropriation of funds required therefor. Passed and adopted at a regular meeting of the City Council held this 6th day of July, AD, 1999. Mayor ATTEST: City Clerk • ORDINANCE NO. 114, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR THE USE OF CAMERA RADAR AND RED-LIGHT CAMERAS TO ENFORCE TRAFFIC VIOLATIONS WHEREAS, a significant share of traffic accidents and fatalities are caused by motorists exceeding the legal speed limits; and WHEREAS, the existing traffic law enforcement resources of Fort Collins Police Services cannot adequately address this problem and, therefore, there is need for an alternative means of traffic speed and traffic signal enforcement; and WHEREAS, automated camera-radar and red-light camera enforcement systems that use radar and/or a camera to record motorists violating speed limits have been shown in other communities to be a significant deterrent to speeding violations and violations at traffic signals when motorists are aware that such automated systems are being used in their community; and WHEREAS,American Traffic Systems was selected by the City as its contractor to provide camera radar and red-light camera services for the enforcement of traffic violations (the "ATS Contract"); and • WHEREAS,based upon the number of present violations and corresponding fine amounts, it is projected that the traffic citations that will be issued during the remainder of the year through the use of camera radar and red-light camera enforcement systems will generate approximately $284,475 in unanticipated revenue in the General Fund for the balance of 1999; and WHEREAS, the unanticipated revenue from such citations will be available to make the estimated ATS Contract payment of approximately $210,470; and WHEREAS,the balance of such unanticipated revenue of approximately$74,005 should be allocated to pay any costs incurred by the Municipal Court,Police Services,Traffic Engineering,and the City Attorney's Office related to the use of camera radar and red-light camera systems or related to other programs intended to address the City's current traffic problems; and WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the unanticipated revenue from the traffic citations that will be issued through the use of camera radar and red-light camera . enforcement systems referenced herein will not cause total appropriations to exceed the current estimate of actual and anticipated revenues for fiscal year 1999. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the General Fund, upon the City's receipt of such revenue, the sum of TWO HUNDRED TEN THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($210,470) to pay American Traffic Systems in accordance with the ATS Contract. Section 2. That there is hereby appropriated for expenditure from the unanticipated revenue in the General Fund, upon the City's receipt of such revenue, the sum of SEVENTY FOUR THOUSAND FIVE DOLLARS ($74,005) in such amounts as the City Manager may deem appropriate, for costs incurred by Municipal Court, Police Services, Traffic Engineering, and the City Attorney's Office in connection with its use of camera radar and red-light camera systems or other programs intended to address the City's current traffic problems. Section 3. That any revenues accrued in the General Fund from previous years and not needed to satisfy the contractual obligations to American Traffic Systems may be used by the City Manager for the purposes described in Section 2 above. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 1999, and to be presented for final passage on the 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk